PART XV LAND MANAGEMENT 1 1 Demarcation of

PART XV- LAND MANAGEMENT 1. 1 Demarcation of land boundaries & maintenance of land registers, leasing, licensing, wayleave facility, NOC 1 period

Scope of activities in maintaining Land records and inspection • Proper Maintenance of Land Records. • Control of land use • Detection, Prevention and removal of encroachments. • Maintenance of land boundaries • Utilisation of land for various purposes by licensing/leasing to other organisations/parties for commercial/other uses including afforestation etc. 2

RELEVANT CHAPTER OF ENGINEERING CODE & IRWM ØCHAPTER VIII of Engg. Code RULES FOR THE ACQUISITION OF LAND ØCHAPTER IX of Engg. Code PROCEDURE FOR THE ACQUITION OF LAND ØCHAPTER X of Engg. Code THE CUSTODY, MANAGEMENT & DISPOSAL OF LAND ØCHAPTER VIII OF IRWM ACQUITION, MANAGEMENT & DISPOSAL OF LAND 3

PARA – E-850: MAINTENANCE OF LAND RECORDS AS PER PARA 806 OF IRWM ØTHE COMPLETE SERIES OF LAND PLANS FOR THE ENTIRE RAILWAYSHOULD BE MAINTAINED IN CE’s OFFICE ØORIGINAL TRACINGS DULY CERTIFIED BY STATE GOVERNMENTS SHOULD BE KEPT AS PERMANENT RECORDS IN CE’s OFFICE. ØSUFFICIENT COPIES OF CERTIFIED LAND PLANS AFTER CARRYING OUT NECESSARY CONSOLIDATION AND MUTATION SHOULD BE PREPARED AND SUPPLIED TO DIVISIONS ØNO NOTINGS SHOULD BE MADE ON CERTIFIED PLANS AND IMPORTANT LETTERS.

PARA – E-850: MAINTENANCE OF LAND RECORDS PARA 806 OF IRWM contd…… ØDURING CONSOLIDATION AND SETTLEMENT OPERATIONS THAT TAKE PLACE AFTER CERTAIN INTERVALS, RE-SURVEY OF ALL THE VILLAGES IS CARRIED OUT BY CONCERNED REVENUE AUTHORITIES. ØDURING THE OPERATIONS, THE SHAPE OF THE RAILWAY LAND PLANS AND THE TOTAL AREA AVAILABLE WITH THE RAILWAYS MAY GET OBLITERATED IN REVENUE RECORDS. ØDURING SUCH OPERATIONS, THE CONCERNED SECTION ENGINEERS(WORKS/P. WAY) KEEP A TRACK OF SUCH OPERATIONS TO ENSURE THAT RAILWAY’S LAND IS KEPT INTACT IN REVENUE RECORDS. 5

PARA – E-850: MAINTENANCE OF LAND RECORDS PARA 806 OF IRWM contd…… ØIN FULFILLING THIS RESPONSIBILITY, THE DIVISIONS MAY TAKE SUITABLE ASSISTANCE FROM THE LAND CELL OF THE CHIEF ENGINEER’S OFFICE. ØALL LAND PLANS SHOULD BE TRANSFERRED TO MICRO FILMS. SUFFICIENT COPIES SHOULD BE KEPT IN HQ AS WELL AS DIVN. OFFICE. 6

PARA – E-850: MAINTENANCE OF LAND RECORDS: PARA 807 OF IRWM ØCOPIES OF ALL LAND PLANS SHOULD BE MAINTAINED IN DEN OFFICE. ØALL CHANGES SHOULD BE CERTIFIED ØFINAL LAND PLANS AFTER MUTATION ENTRIES, SHOULD BE SENT TO THE CE’S OFFICE FOR SAFE CUSTODY AND RECORD. COPIES SHOULD BE AVAILABLE IN DIVISIONAL AND FIELD OFFICES 7

PARA – E-850: MAINTENANCE OF LAND RECORDS: PARA 807 OF IRWM Contd…. ØLAND RECORD SHOULD BE MAINTAINED AS PER TABLE 8. 1 OF IRWM ØENTERIES SHOULD BE INITIALLED BY DEN/XEN WHENEVER ANY TRANSACTION OF LAND TAKES PLACE. ØIN CASE OF CONSTRUCTION PROJECTS INVOLVING LAND ACQUISITION , THE FOLLOWING SHOULD BE HANDED OVER BY CONSTRUCTION ENGINEERS § LAND RECORD REGISTER( TABLE 8. 1) § THE ORIGINAL PAPERS OF LAND ACQUISITION 8

PARA – E-850: MAINTENANCE OF LAND RECORDS PARA 806 OF IRWM contd…… • LAND RECORD REGISTER SHOULD BE MAINTAINED IN CE’S/DIVISIONAL OFFICE AS PER TABLE 8. 1 OF IRWM 9

PARA – E-850: MAINTENANCE OF LAND RECORDS PARA 812 OF IRWM ØCOPIES OF CERTIFIED LAND PLANS SHOULD BE AVAILABLE IN AEN/ SE( W/P. WAY) OFFICE ØEVERY SE( W/P. WAY) SHOULD MAINTAIN LAND RECORD AS PER PARA 806(b) IN LAND RECORD REGISTER ØDURING INSPECTION OF HIGHER OFFICIALS THIS REGISTER SHOULD BE KEPT BY AEN ØTHE REGISTER SHOULD BE CHECKED ANNUALLY BY AEN/ DEN/ SR. DEN AND OBSERVATIONS RECORDED SHOULD BE FOLLOWED BY SSE 10

PARA – E-1047 DEMARCATION OF LAND BOUNDARIES AS PER SECTION 13(A) OF INDIAN RAILWAY ACT OF 1989 & PARA 808 TO 811 OF IRWM ØALL RAILWAY LAND SHOULD HAVE WELL DEFINED BOUNDARIES ØBOUNDARY MAY BE A CONTINIOUS WALL, FENCE OR DITCH , POST OR PILLAR ØDISTANCE BETWEEN POSTS SHOULD NOT BE MORE THAN 50 M. 11

PARA – E-1047 DEMARCATION OF LAND BOUNDARIES AS PER SECTION 13(A) OF INDIAN RAILWAY ACT OF 1989 & PARA 808 TO 811 OF IRWM Contd. …. . ØBOUNDARY POSTS SHOULD BE OF SUITABLE SIZE AND SHAPE , PROJECTING min 500 MM ABOVE GROUND. ØBOUNDARY POSTS SHOULD BE FIXED AT EVERY CHANGE OF ALIGNMENT 12

PARA – E-1047 DEMARCATION OF LAND BOUNDARIES AS PER SECTION 13(A) OF INDIAN RAILWAY ACT OF 1989 & PARA 808 TO 811 OF IRWM Contd. ØEACH BOUNDARY POST SHOULD HAVE A NUMBER ØPOSITION OF EACH BOUNDARY POST SHOULD BE MARKED ON LAND PLAN ØON BANK OF RIVERS HIGH BOUNDARY PILLARS SHOULD BE ERECTED. 13

PARA – E-1047 DEMARCATION OF LAND BOUNDARIES AS PER SECTION 13(A) OF INDIAN RAILWAY ACT IX OF 1989 & PARA 808 TO 811 OF IRWM Contd. …. . ØIN AREAS HAVING HABITATION BOUNDARY WALL SHOULD BE PROVIDED. ØPUCCA BOUNDARY WALL IN URBAN AREAS TO PREVENT ENCROACHMENT ØPLANTATION OF JULI FLORA OR SIMILARLY EFFECTIVE BUSHES IN THE AREA 14

PARA - E-1048 : PERIODIC VERIFICATION OF LAND BOUNDARIES & ENCROACHMENTS AS PER PARA 813 OF IRWM ØEVERY ZONAL RAILWAY ADMINISTRATION IS RESPONSIBLE FOR DEMARCATION AND PERIODICAL VERIFICATION OF THE BOUNDARIES AND MAINTENANCE OF PROPER RECORDS. ØTHE SE(WORKS) SHALL INSPECT AND MAINTAIN THE LAND BOUNDARIES AT IMPORTANT STATIONS AND IN RAILWAY COLONIES. ØTHE SE(P. WAY) SHALL INSPECT AND MAINTAIN THE RAILWAY LAND BOUNDARIES BETWEEN STATIONS AND AT UNIMPORTANT STATIONS. ØSE(W/P. WAY) SHALL PREVENT AND REMOVE ENCROACHMENTS IN THEIR AREAS OF JURISDICTION. 15

PARA - E 1048 : PERIODIC VERIFICATION OF LAND BOUNDARIES PARA 813 OF IRWM Contd…. ØRAILWAY SHOULD MAINTAIN PRINTED REGISTERS AS PER ANNEXURE 8. 1(a) & 8. 1(b) OF IRWM SHOWING “DETAILS OF ENCROACHMENTS” AND “DETAILS OF THE MISSING BOUNDARY STONES” AND ACTION TAKEN THEREON. ØTHE ENTRIES IN THE REGISTER SHOULD BE MADE BY SE ØTHIS REGISTER SHOULD HAVE ADEQUATE PAGES SO THAT RECORD FOR 15 YEARS CAN BE ACCOMODATED IN ONE REGISTER. 16

PARA - E-1048 : PERIODIC VERIFICATION OF LAND BOUNDARIES PARA 813 OF IRWM Contd…. ØVERIFICATION / INSPECTION BY AEN/ DEN/ SR. DEN DURING INSPECTIONS. ØA CERTIFICATE IN THE PRESCRIBED PERFORMA SHOULD BE GIVEN BY SECTION ENGINEER ONCE A YEAR WHICH IS TO BE COUNTERSIGNED AND VERIFIED BY AEN 17

FENCING PARA 811 (ii) FENCING SHOULD BE PROVIDED AT THE FOLLOWING LOCATIONS: ØFOR SPECIFIED LENGTHS ON EITHER SIDE OF LEVEL CROSSINGS ØAROUND BUSY STATION YARDS FOR 30 M WIDTH ON EITHER SIDE ØIN MUNICIPAL LIMITS AND NOTIFIED AREA LIMITS AND IN PROXIMITY TO VILLAGES OR SUCH LOCALITIES WHERE HUTS OR HOUSES ARE CLOSE TO RAILWAYS LINE. ØFOR PROTECTION OF RAILWAY LAND FROM ENCROACHMENTS 18

LAND BOUNDARY VERIFICATION CERTIFICATE Year ---------- Section----------- Kms. -------- to------Section Engineer(P. Way/Works--------Sub Division----------------------------------------------------------------I, -------------Section Engineer ( works / P. way ) certify that I have inspected the railway land fencings and boundary stones on my section during the year ending ----------and that they are in accordance with certified the/land plans. There have been no encroachments except at the following kilometerages that have been reported upon vide reference given against each. Station premises Location / colony / mid KM / EM Station Reference to section ( from- to ) encroachment plan 1. 2. 3. Rly. Employee / outsiders persons / others 4. 5. Value of land approx. Purpose: Personal / Commercial / religious / Social other Action Taken to remove Value 7. Basis market rate / notified rate / Rough assessment 8. Approx. period since encroachment existing 9. 10. Soft / hard 11. Area in Sq. m. 6. Remarks 12. 19

PARA - E-1048 : PERIODIC VERIFICATION OF LAND BOUNDARIES DETAILS OF MISSING BOUNDARY STONES DATE OF INSPECTION LOCATION DESCRIPTION OF MISSING BOUNDARY STONES Km ACTION TAKEN INTIAL OF INSPECTING OFFICERS REMARKS BOUNDARY STONE NO 20

PROFORMA FOR LAND BOUNDARY VERIFICATION REGISTER ANNEXURE 8. 1(a) PARA 813(d) (LEFT SIDE OF REGISTER) DETAILS OF BOUNDARY STONES BETWEEN KILOMETER ---- AND---- DATE OF INSPECTION DESCRIPTION OF MISSING BOUNDARY STONES L R ACTION TAKEN INTIAL OF INSPECTING OFFICIALS 21

Land Records Register • This register has to be maintained in Headquarters/Chief. Engineer’s office as well as in Divisional/Executive Engineers’ office. As per the model JPO of September 2001, a register of total railway land with up to date entries shall be maintained by the Section Engineers (Works) of the Engineering Department. • RB_LAND_Boundary_ circularsID-125. pdf 22

1. 3 Licensing/leasing, Way Leave Facility, NOC to Private Party/ Builder for building near Railway Boundary 2 periods

POLICY ON LEASING/LICENSING/ WAYLEAVE FACILITY/NOC ON RAILWAY LAND

LEASING AND LICENSING OF LAND PARA 1020 OF ENGG CODE: LEASE AND LICENSE § A lease presents certain difficulties in that there is a danger of accrual of occupancy rights. § A license, on the other hand, merely confers on the licensee the right subject to certain restrictions, to use the allotted land for the purpose of operations specified

Leasing Licensing In Leasing there is danger of accrual of occupancy right. No such danger in licensing cases. In leasing duration is long i. e. 99 yr. Or 35 yr etc In licensing duration is small (5 Yrs). In lease 99% of land cost Licensee can not use land for already obtain and leasee free the purpose other than it is to use land. granted. Fee is generally 6/7. 5/10% pa Nominal lease charges Rs. 1000/pa of cost of land & under revision of rent annually Leasee can create tenancy No such right is permissible. resulting in higher return and earning. 26

LEASING OF LAND • Leasing of Land without Board’s approval banned (Board’s circular no. 82/W 2/LM/18/11 6 dt. 22. 11. 82).

LEASING & LICENSING OF LAND –IRWM PROVISION PARA 819(b) OF IRWM ØAll leases and licenses should be covered by agreements in the approved form. PARA 820 OF IRWM ØRailway land to be given out on license only. Request of Government Departments for lease may be considered on merit. Ø Leasing of land is not permitted except in cases where it is approved by Railway board.

LEASING AND LICENSING OF LAND PARA 821 OF IRWM Licensing of land to traders at station : § Licensing of land is done by the commercial or Engineering department. § Where land is licensed for stacking materials received or dispatched by train, the licensing will be done by the commercial department. § In all other cases and also where temporary structures are to be erected on licensed land, licensing will be done by the engineering department.

LICENSING OF LAND ØNot connected with Rly. working banned. (Bd’s circular No. 80 W 2/18/0/A dt. 7. 6. 1984). ØLicensing for ordinary commercial plots connected with Railway working can be given with GM’s personal approval in consultation with FA & CAO (Bd. ’s Cir. No. 83/W 2/LM/18/87 24 -03 -04 & Master circular dt 1002 -2005)

TEMPORARY LICENSING OF LAND FOR SHORT DURATION RB Lr. No. 2004/LML/18/30 dt. 13. 04. 2006 Ø For Temporary Licensing : Delegation of power given to DRM [upto 15 (fifteen) days. ] ØIn connection with activities including Cultural and sports activities, commercial activities concerning railway, melas and carnivals for holding cultural function.

LICENSING OF LAND FOR SHORT DURATION PARA 821 (k) OF IRWM § Temporary licensing of land for conducting exhibitions, melas, carnivals and such other cultural activities including temporary shops on such festive occasions, should be permitted subject to a maximum of three months with the personal approval of GM. § The rate of license fee should be fixed at 20% of the market value of land for shopping etc. § When more than one party is involved, open auction may be done to fetch better value.

LICENSING TO RLY EMPLOYEE (GROW MORE FOOD) • RB’s policy issued vide ME’s letter no. 98/LML/16/9 of Feb 2000, further revised vide letter dt 16 -07 -2010 • It is for licensing of Railway land in urban areas for cultivation, now extended in rural areas also • Licensing to only Railway employees in group C or D category. Only to permanent employee having min 5 years of service • Take back land at least 1 year before retirement

LICENSING TO RLY EMPLOYEE (GROW MORE FOOD) • Licensed for a period of 5 years • Size of plot to be generally 2 Ha • Licensing fees to fixed based upon the expected annual revenue. Generally it is 1/4 rth to 1/3 rd of this and should be decided by DRM. Minimum license fee to be Rs 1 per sq m per annum

LICENSING TO RLY EMPLOYEE (GROW MORE FOOD) • Initial licensing for 2 years is done by Division and subsequent done by AEN’s office • Details of plot maintained by IOW/AEN for their jurisdiction • No permanent structure to be allowed on such land • Not to be given to same employee after completion of 5 years • Main thrust of this scheme is prevention of encroachments

LAND FOR HOUSING SOCIETIES § Railway land should not be given to any housing society including Indian Railway Welfare Organisation(IRWO) as pet extant policy. RAILWAY BOARD LETTERS NO. 88/LML/13/64 DT. 27. 12. 1990

Leasing / Relinquishment in exchange of Land ØEnhancement of power to GM for long term leasing of Railway land/relinquishment of Railway in exchange (increase limit from 5 lakhs to 25 lakhs) to Govt. Dept /PSUs RAILWAY BOARD LETTER NO. 2001/LML/13/15 DT. 11. 09. 2014 Ø Check list of leasing/relinquishment RAILWAY BOARD LETTER NO. 2014/LML-II/13/15 DT. 08. 07. 2014

RENEWAL OF LICENSES FOR SHOPPING/TEH BAZARI PARA 821 (l) OF IRWM § Licensing of fresh and additional land for shopping/teh bazari has been banned. § Renewal of old cases has been permitted. § However , specific cases for licensing of land, for purposes not connected with Railway working but concerning welfare to staff, such as providing shops in areas where adequate shopping facilities do not exists, may be accepted on merits, with the concurrence of the FA &CAO and personal approval of the GM. § The licence fee should be fixed at 10% of the market value of land.

LICENSING/LEASING OF RAILWAY LAND TO OTHER GOVERNMENT DEPARTMENTS PARA 823(a) OF IRWM and Para 1028 of ENGG CODE § For Railway land licensed/leased to other government departments, the rent should be 6% of the market value of land as assessed by local authorities is to be levied. § However, where structures are raised by departments, the rate of license fee for actual covered area should be enhanced to 7. 5% of the market value. § In cases of long term leases, provisions should be made for periodical revision of rent with retrospective effect.

LICENSING OF RAILWAY LAND TO WELFARE ORGANISATIONS, TEMPLE COMMITTEE. PARA 824 OF IRWM § For Railway land licensed to temple committees, Railway Cooperative stores/Cooperative societies, handicrafts centers and other welfare organizations, a nominal fee as per extant rules should be recovered. § Such proposals duly concurred by F. A & C. A. O and recommended by the General Manager would require the prior sanction of Railway Board. § The licensing of Railway land to all schools (Govt. /Private) will require prior sanction of the Railway Board. RAILWAY BOARD LETTER NO. 2001/LML/21/14 DT. 5. 11. 01

LAND TO PRIVATE SCHOOLS. • In areas, where educational institutions are not available or existing school facilities are not adequate to cater to the needs of wards of Railway Employees, Railway land if it is separable, may also be licensed to privately run schools on payment of annual license fee at 6% of the present market value of land. • Admission of children/wards of Railway staff in such institutions to the extent of 75% of their intake. • The period of lease for Railway land in such cases should not exceed 30 years. • In the case of Railway land leased to Kendriya Vidyalaya, the lease period may be 99 years.

LAND FOR UNIONS § Leasing of land to the recognized unions for construction of offices is not permitted. § However, improvement/modification to the existing Railway building can be done up to Rs. 10000 on an individual building, subject to a total of Rs. 50000 in a year. § RAILWAY BOARD LETTER NO. 89/LM(L)/18/108 Dt. 8. 1. 92 § RB Lr. No. 2001/LMB/3/41 Dt. 07. 10. 2001. GM may authorize appropriate improvements in union offices under their power in consultation with FA&CAO in phases.

LAYING OF OIL PIPELINES PARA 826(a(i)& b) OF IRWM § No oil pipe line for conveyance of petrol or other oil is permitted on Railway land without the special sanction of the Chief Engineer/ Chief general engineer. (In view of Safety Rly Admin. consultation with CRS before the work on the project is permitted) § Licensing of land for laying of pipe line, sewer line etc. To state government and local bodies can be approved by GM. With FA&CAO’s concurrence. § However, for other agencies, permission of Railway Board would be required.

LICENSING OF RAILWAY LAND FOR COMMERCIAL PLOTS (MASTER CIRCULAR) Item No. Types of plots Annual Licence Fee as a Percentage of Land value(from 1. 4. 04 onwards) a) Railway related activities such as City Booking offices, Out Agencies etc. 6% b) Ordinary Commercial Plots – without structures 6% c) Ordinary Commercial plots – with temporary structures for stacking/storing (i) Covered area (ii) Open area (i) 7. 5 % (ii) 6% (d) Steel Yards /Coal Dumps. Bulk Oil Installations etc 7. 5% (e) Land used to lay private sidings 6% (f) Shops / Retails Depots etc. 10%

LICENSING OF RAILWAY LAND FOR COMMERCIAL PLOTS (MASTER CIRCULAR) Formation of a Standing Committee: • A Standing Committee of three HODs will be set up at the Headquarters of each zonal Railway and other Production units. The Standing Committee consisting of CE, CCM and FA &CAO shall examine fresh cases connected with Railway working and submit its recommendations to G. M. for approval.

LICENSING OF RAILWAY LAND FOR COMMERCIAL PLOTS (MASTER CIRCULAR) • Licensing of ordinary commercial plots connected with Railway working will be done with the personal approval of General Manager in consultation with FA& CAO • In each case of licensing, proper agreement must be executed between Railway administration and the licencees before the licencee is given possession of the land/plot.

LICENSING OF RAILWAY LAND FOR COMMERCIAL PLOTS (MASTER CIRCULAR) Fixing land value • A market value be required to be taken to serve as a base value for working out rental fee payable. This shall be fixed on the basis of the land value of the surrounding area as on 1. 1. 1985 as determined from the Revenue authorities and/or from the following: • Evaluation of Town Planning Department • Actuals as per PWD and CPWD transactions

LICENSING OF RAILWAY LAND FOR COMMERCIAL PLOTS (MASTER CIRCULAR) • Actual transactions, as per documents filed in the office of the Sub. Registrar. • Value of land as assessed by professional evaluators of the State and Central Governments. (Deleted as per recent Railway Board circular No. 2014/LML-II/18/5 dt. 29. 02. 2016) • In Metropolitan towns of Mumbai, Kolkata, Delhi and Chennai if the HODs’Committee feel that the land rates are widely varying within the City. Two or more rates can be utilised for that city.

LICENSING OF RAILWAY LAND FOR COMMERCIAL PLOTS (MASTER CIRCULAR) Minimum Licence fee: • The minimum licence fee is respect of plots covered under this letter should be Rs. 1000/-per annum. • For the purpose of determining the minimum license fee, the maximum size of a plot shall be taken as 100 Sq. metres. • Incase of licensing of a plot measuring 250 Sq. metres is involved, the minimum license fee chargeable shall be relevant to three plots of 100 sq. metres each and will work out to Rs. 3000 per annum.

LICENSING OF RAILWAY LAND FOR COMMERCIAL PLOTS (MASTER CIRCULAR) Revision of licence fee: • As the notional land value will increase by 7% over the previous year’s land value. • The licence fee will automatically go up by 7% over the previous year’s fee from the first of April every year.

LICENSING OF RAILWAY LAND FOR COMMERCIAL PLOTS (MASTER CIRCULAR) Powers of licensing and renewal: • Fresh cases of licensing of plots connected with Railway working will be approved by GM on recommendation of the HOD’s Committee. • Shops, retail oil depots etc. the existing ban on fresh licensing for purposes unconnected with Railway working, will continue. • Renewal of licences of Railway land not connected with Railway working can be done G. M’s level with Finance concurrence. (RAILWAY BOARD LETTER NO. 2005/LML/18/8 DT. 08. 06. 05)(Master Circular)

LICENSING OF RAILWAY LAND FOR OPENING OF BANKS • Leasing/licensing of railway land to banks for setting up of branches in Railway areas other than station area. • Licensing will be considered interest of Railway Staff. • License period 25 years with a provision for renewal for another 25 years • Annual license fee as a percentage of the current market value of the land subject to a minimum of 7. 5% of current market value of land. • Railway Board letter No. 2005/LML/18/22 dt. 24. 11. 2008

USE OF SURPLUS LAND PARA 822 OF IRWM § NO SURPLUS RAILWAY LAND SHOULD BE LICENSED FOR CULTIVATION PURPOSE. § PLANTATION OF SUITABLE TREES ON SUCH VACANT LAND SHOULD BE DONE ON PROGRAMME BASIS

WAY LEAVE FACILITY v. Section 16 & 17 of the Railway Act 1989 enjoins upon the Railway to make and maintain specified works for accommodation of the owners & occupiers of the land adjoining the Railway for the purpose of making good any interruptions caused by Railway. v. Involves limited or occasional use of land by a party for a specified purpose without conferring upon the party any right of possession EMPOWERMENT: ØDRM HAS GIVEN NOW FULL POWER to grant way leave facilities

WAY LEAVE FACILITY • General Policy guidelines for levying charges for way leave facility. • Way leave facilities for underground laying of cables of cable T. V. • Way leave facility for laying Optic Fibre Cable • Leasing of infrastructure facilities at MW stations. • 97/LML/24/3 dt. 27. 11. 01 2000/LML/24/20 dt. 13. 11. 01 • 2001/LML/24/20 dt. 18. 10. 2001, 17. 02 & 30. 04. 03 • 2001/LML/18/34 dt. 1. 10. 01 2002/LML/24/16 dt. 3. 09. 03 & 27. 11. 01 • Disposal of Way leave Cases. 2002/LML/24/37 dt. 27. 03

What is Wayleave/Easement right … ØIt Is an occasional or limited use of land by a party for a specified purpose like Passage etc. , without conferring upon the party any right of possession or occupation of the land without in any way affecting the Railways title, possession, control and use of the land.

Provision of Act Sections 16 of the Railway Act 1989: ØIt enjoins upon the railways to make and maintain specified works for the accommodation of the owners and occupiers of the lands adjoining the railway, for the purpose of making good any interruptions caused by the railway to the use of the lands through which the railway is made.

Types of works ØProvision of way leave / easement on railway land in the form passage / access to private houses and establishments, underground pipelines for water supply and sewerage , electrical and telecommunications lines, etc. , ØThese are unavoidable in view of the very nature and extent of the railway alignment. (in many cases).

Circumstances may be: i. Non-availability of any other means of access to properties/houses. ii. Non - feasibility of provision of water supply, electricity, sewerage, etc. , from any other direction.

Permit under Conditions ØIn genuine and unavoidable cases, way leave facility / easement right may be allowed after execution of proper agreements. ØThe land is not licensed, but permission is to be granted for a limited use which is to be specified in detail in agreement. ØTo avoid any misunderstanding on this score, the agreement should not use terms like ‘Licence’ &‘Licence fee’ , but only ‘permission’ & way leave charges’.

Permit under Conditions ØThe agreement clearly stipulate that the Railway Administration retains full rights to enter upon , pass through or use the land, at any time, without any notice to the party. ØIn the event of the way leave facility being discontinued with, the Railway will not be liable to pay any compensation or reimburse any amount to the party, nor to provide any alternative arrangement for access. etc. , ØIn such cases, any installations, like underground pipelines, etc. , put up by the party are liable to be removed/ shifted by the party at its own cost.

Conditions ØIt should not be used to transverse and use Railway land along the track. ØRailways are advised to deal these cases in strict compliance to instructions contained above mentioned letter. ØIn case of oblique crossing, unavoidable and bare minimum railway land parallel to the track should be used.

Rates (Para No: 6) I. a)Passage/ pathway on / across One time recovery of Rs. 6400/- (Way railway land (up to 1 m. Wide) for Leave agreement for 35 years pedestrians, cyclists, etc. , renewable for another 35 years) b) Water pipeline xing for cultivation One time recovery of Rs. 12800/by individual farmers. (Way Leave agreement for 35 years renewable for another 35 years) c) Electric lines xing for individual -dohouses shops, etc. , (both underground and overhead) d) Water /sewage pipelines xings for -doindividual upto 300 mm dia. e) Electrical electricity agencies crossings by state -doboards & central

f) In case of ROB/RUB which are undertaken on deposit terms and do not involve closure of level crossing – for the portion of ROB/RUB lying over/below the Railway track as case may be. Rs. 6000 /- p. a. Upto two lane road crossing two tracks and Rs. 12, 000/- p. a in case the Bridges is wider than two lane and /or crossing more than two tracks. II. a)Passage /road for vehicles , scooters 6% of the market value of land p. a etc. , (i. e. Between 1 m. to 3 m. Wide) by subject to a minimum of Rs. 5000/ individuals , housing societies, private firms - p. a. , organizations etc. , b) Public roads by local bodies/ State Govt. / 6% of the market value of land p. a Govt. & Autonomous bodies, charitable / subject to a minimum of welfare organizations. Rs. 10000/- p. a. c)Underground water / sewage/ effluent -dopipelines. d) Underground/ overhead electrical -docrossing other than covered under 1(c) above and other than for cable TV/OFC.

Rates III. a)Open drains and over 10% of the market value of land ground water/sewage /oil/gas p. a. subject to a minimum of /effluents pipelines by private Rs. 20000/- p. a. parties (including Public Sector Undertakings) b)Underground Oil/gas/pipelines -do-

Rates IV. Underground/overhead cables and alignments including track crossings in favour of Department of Telecommunications / Bharat Sanchar Nigam Limited/ Mahanagar Telephone Nigam Limited / Videsh Sanchar Nigam Limited. This includes laying of Optic Fibre Cable(OFC). 6% of the market value of land per annum subject to a minimum of Rs. 10, 000/- per annum per crossing. Optic Fibre Cable: a) 6% of the market value of land per annum subject to a minimum of Rs. 10, 000/- per annum per crossing. b) For purpose of laying OFC along the length of bridge, 6% of market value of land in approaches, subject to a minimum of Rs. 25, 000/- per annum per bridge , would be charged. In addition, an Amount of Rs. 100 per metre for the length of cable under the bridge would also be recovered as bridge surcharge. c) For the purpose of laying OFC through ROBs, 6% of market value of land in approaches, subject to a minimum of Rs. 10, 000/- per annum per crossing through ROB would be charged.

Rates ØNote – (i)In cases of I(a) to (e) and II(a) , the length of land involved normally should not exceed 50 m.

General ØOpenings of any kind into Railway land/ air space should not be permitted. ØThis includes drops and sprouts from buildings , supports for buildings, wires , poles and other such needs of permanent nature. ØAny proposal for passage/ roads for width more than 3 m should be treated under licensing as per extant circulars on the subject of licensing. ØFor calculating these charges, in case of Electrical crossings , the width of land may be decided in consultation with Divisional Electrical Engineer locally.

General ØIn case of any crossing , minimum width of land is to be taken as 1 m for the purpose of assessment of way leave charges. ØRegarding facilities specified in Paras 6. 1(f) , 6. II to 6. IV, it has been decided that these charges shall be payable in advance in block of 10 years. ØDiscounting of future cash inflows at prevailing interest rates announced by RBI for Govt. Securities would be permissible.

General ØWhile calculating the advance equivalent to 10 years annual charges, annual increase of 7% in land value would be assumed. ØAdjustments needed because of variation vis-a-vis actual increase as per rates notified by local development authority or as obtained from District Collector , would be carried out at the time of payment of the installment of way leave charges for the next 10 years.

General ØIn all the above cases of way leave facilities (except ROBs/RUBs, and underground pipelines), no construction(whether permanent, quasi permanent or temporary), other than a Kuchcha or Pucca road in cases the facility is expressly given for the same, is to be permitted on railway land. ØIf any construction comes up subsequently, the same should be immediately removed as soon as noticed , and the way leave facility discontinued with.

General ØIn view of the large number of cases involved, decision for granting way leave facilities may be taken by the D. R. M (without any further re-delegation) in consultation with Divisional Associate Finance. ØWay leave facilities involving stretch of railway land earlier more than 100 meters, permitted only by the General Manager in consultations with the FA&CAO. (Recent Railway Board Circulars Land more than 100 metre may also be delegated to DRM)

General ØAll way leave proposals should be processed by the Sr. DEN(Co-ord) at the Divisional level, and the Chief Engineer at the Head quarters level. ØWay leave facilities should not be granted as a matter of routine, but only after consideration of each case on merits based on a site inspection. ØSpecial care should be taken to see that the way leave facility does not in any way impinge on the safety and security of railway operations and railway property.

General Øb)Way leave permission in respect of open drainage and surface/overhead pipelines should be allowed only in unavoidable cases. ØIn any cases, fresh permission for this in favour of private should not be given. ØAll efforts may also be made to have the existing open drainage and surface/overhead pipelines replaced by underground installations at the earliest.

General ØIn all cases of way leave facility granted, proper agreement should be executed. ØThe agreement should provide for revision of way leave charges from time to time. ØWay leave permission should be accorded only after ensuring that Railways financial interests are not affected in any manner, i. e. , by way of loss of traffic, loss of revenue etc. , by granting such permission.

General ØSuitable clause securing Railways’ financial interests may be provided in the agreement to be executed with the party, whenever necessary. ØProvisions of Para 6. I(a) to e shall be applied prospectively. i. e. For fresh cases. ØCases already decided shall be continued with earlier provisions. ØOne time recovery as per present guidelines can be applied in old cases too if the other party accords consent to the same. ØFresh agreement needs to be executed in such cases.

General ØThe calculation of annual increase should be on the basis of the actual way leave charge and not on the minimum charge specified in Paras from 6. ii to 6. iv. ØIn case such proposals envisage crossing of track in the form of road, pipelines etc. , the extant rules and procedures relating to safety, provision of level crossings , pipeline crossings , etc. Will govern and the provisions of this Para would be limited to the use of railway land only.

Registration Fee Registration fee for Way leave proposals • Large percentage of way leave proposals received in Zonal Railways appear to be non-serious. • In order to check the non-serious cases, to make a provision of deposit of Rs. 2000/- as registration fee along with the application for way leave permission. • This fee would be adjusted against the survey and detailed estimate charges/Way leave charges. (No. 2011/LML/24/44 dt. 26. 08. 2014)

DRM Power • Power of granting approval for way leave facilities involving stretch of railway land more than 100 metre may also be delegated to DRM (No. 97/LML/24/3 dt. 01. 09. 2014)

Electrical crossings • The para 6, Item No. I(e) of circulars No. 97/LML/24/3 dt. 27. 11. 2001 as charges may be levied for Electrical crossings by State Electricity Board & Central agencies as one time recovery of Rs. 12, 800/- (Way leave agreement for 35 years renewable for another 35 years. ) • The rates levied vide para 6 I(e) would not be applicable where Electricity Boards have been privatised. ( Lr. No. 2013/LML-I/24/41 dt. 30. 07. 2014)

No-objection Certificates by Railways (NOC) 81

ISSUES • Issue of ‘No objection certificate’ for the proposed construction of Residential/ commercial buildings within 30 m from Railway boundary. • Grant of “No objection certificate’ to local bodies/ state government for major repairs/ improvement of roads and footpaths at their own cost in railway premises/portion 82

CONSTRUCTION OF GOVERNMENT AND PRIVATE BUILDING NEAR RAILWAYB LAND (PARA 827 IRWM). • However it is a fact that Railways have a prior right of acquisition and utilisation of land adjacent to Railway boundaries, the Railway Administration can only insist on previous intimation being given by the Revenue authorities or the local Govt. when such lands are assigned for specific purposes. 83

CONSTRUCTION OF GOVERNMENT AND PRIVATE BUILDING NEAR RAILWAYB LAND (PARA 827 IRWM). ( BASIC INTENTION) • For the prevention of future encroachments on Railway land such as by the erection of buildings and gradual accrual of easements such as right of way, right to discharge sewage or storm water over Railway land, it is desirable that sufficient open space be provided between the railway boundary and the nearest face of any structure erected on adjoining land. 84

PARA 827 IRWM…. ( Cities and town where land cost is very low) The interest of the Railways will be suitably safeguarded by providing for: • i) an open space of approximately 30 m being left between the railway boundary and the nearest edge of a building constructed on adjacent land, the exact space to be left being governed by local conditions; • ii) Intimation regarding proposed construction on lands adjacent to the railway boundary being given to the railway authorities at least 90 days before the commencement of erection work. 85

PARA 827 IRWM…. ( Cities and town where land cost is low) The lands adjoining the railway boundary may be 1) Privately owned land outside municipal area: no method of enforcing the provision 2) Privately owned in municipal area: provisions can be made applicable by incorporating them in the municipal bye-laws and if the state governments have no objection, the municipal committees can frame byelaws to this effect. 3) Nazul land in municipal or outside municipal area: if state governments have no objection, suitable provision may be made in the conditions governing transfer, at the time of making grants". 86

CONSTRUCTION OF GOVERNMENT AND PRIVATE BUILDING NEAR RAILWAY LAND (PARA 827 IRWM). (Cities and town where land is valuable and the cost is high) • it is not expected of the owner of a plot to leave a large vacant space between his building and the Railway boundary. The Interests of the Railway would be adequately safeguarded if sufficient vacant space is left so as to facilitate future road and drainage developments outside the railway land to avoid requests for surrender of railway land for access at a future date. Railways should insist on barest minimum distance. 87

CONSTRUCTION OF GOVERNMENT AND PRIVATE BUILDING NEAR RAILWAY LAND (PARA 827 IRWM). (Responsibility …. . ) • Chief Engineer should arrange with each State Authority to frame rules in connection with the following: • i) The procedure to be adopted for obtaining the Railway Administration's opinion before consenting to the assignment of land adjacent to railway limits for any specific purposes. • ii) The extent of open space to be left outside the railway boundaries for Government owned and privately-owned lands. 88

CONSTRUCTION OF GOVERNMENT AND PRIVATE BUILDING NEAR RAILWAYB LAND (PARA 827 IRWM). (Responsibility …. . ) • Such orders may be issued by the State Governments in the form of government circulars or Government orders, copies of which should be carefully recorded in the offices of the Chief Engineer, Divisional Engineer and Assistant Engineer. 89

CONSTRUCTION OF GOVERNMENT AND PRIVATE BUILDING NEAR RAILWAYB LAND (PARA 827 (d) IRWM). (Responsibility …. . ) • When any Construction near stn yard or in between stn seen commences adjacent to the railway limits and within the zone specified. SE (P. Way/Works) should report to DEN, ADEN and to the local authority, by a brief report and sketch of the construction showing KM, distance of the structure from the railway boundary • On receipt of the report, the Divisional Engineer should address the local authority to arrange to stop the construction. 90

“Important scrutinity in case of High rise buildings or basements or deep digging near railway track is involved ” ( RB No. 2007/LML/19/17 DATED 16/02/2010) Railway should examine drawings and construction methodology and ensure safety of railway track should not be affected during or after construction. If necessary, Railway may consider stipulations on site supervision, inspection etc. railway also may consider stipulations of supervision during construction stage as well as inspection, during lifetime of the building to ensure that building/ basement do not affect railways train operations. 91